Research On The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

The establishment of the crime of holding a huge amount of property with unidentified sources makes up some inadequacy of the punishment to the bribery and corruption crimes to some degree , under the present circumstances ,its positive function has been confirmed. However, The flaw of this crime should be obvious and it has many contradictions with the democratic spirit of modern criminal law, the international trend of safeguarding the human rights and the principle of criminal law. It's necessary to face and recognize this problem soberly.The incupation in objectivity is the most contradicitory problem which exist in the crime of holding a huge amout of property with unidentified sources. In a word ,one is the confliction with the current criminal law, the other is the contradiction with the current institution of criminal procedure law. The manifestation of the former is mainly the violation to the doctrine of a legally prescribed punishment for a special crime. This doctrine requires that the norms of criminal law should be explicit and definite, if the norm is deficient, the doctrine of a legally prescribed punishment for a special crime will make no sense. The content of the crime of holding a huge amount of property with unidentified sources contains some obscurity. The defendant is convicted of such a crime when the source of unidentified has not been made clear. It deviates directly from the doctrine of a legally prescribed punishment for a special crime. So the tyranny in conviction and sentencing is unavoidable. To sentence the defendant to the crime of holding a hugeamount of property with unidentified sources has become the most simple thing as long as the judge can't ascertain the source of the property but have to ascertain where the criminal responsibility lies. The comparatively lighter legally prescribed punishment will be a harbor of embezzlers or bribees, even become a foundation for the judicial authorities to give the criminal a way out. It obviously runs counter to the legislative intent.The contradiction with the current institution of criminal lawsuit is more outstanding. Presumption of innocence is an important legal principle which has been established firmly in the criminal procedure law. That an uncertain crime should not be convicted has contained in its idea. The huge amount of property which the defendant owned is at a state of uncertainty. Whether it is legal or illegal is pending. However, the norm provides that "the amount of property that exceeds his lawful earnings shall be criminal", therefore it is a direct negation to the doctrine of presumption of innocence. Besides it also violate the plead right of defendant and destroy distribution discipline of the burden of proof.The establishment of the crime of holding a huge amount of property with unidentified sources reflect some helplessness which the law is showing in the face of the complicated society. But the criminal penalty is not the panacea, the legislation should not be at the cost of satisfying essential value of the law. Since we have chosen the society of ruling of the law, we should permit the leak of the law to exist. The contradiction of the crime of holding a huge amount of property with unidentified sources can not be reconciled and can not be counted to solve inside. Although it is not wise to abolish the accusation, it still should withdraw from the stage of history with the elapsing of the time.The real establishment and strenghthen of the reform of political system and system of government employee's declaration of property will be more efficient than criminal penalty.